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Home My WebLink AboutZBA Decision 2008-06 SE Time Extension City of West University Place A Neighborhood City ® Recycled Paper Time Extension Decision Date: May 21, 2009 Docket Number. 08-06 Permittee/Applicant: Jack Ballard on behalf of St. Andrew's Presbyterian Church Time extension under an original decision of the Zoning Board of Adjustment dated November 4, 2008 for property at the following address: 5308 Buffalo Speedway and 3303 Bissonnet, West University Place Texas 77005. (See attached variance - original decision and conditions apply) The above-referenced decision prescribes deadlines for applying for permits and completing work contemplated by the decision. The Zoning Board of Adjustment has authorized the following extension(s): (check one or both and complete) The deadline to apply for all permits required for such work is extended fmw vt 2, I , 20#7. The deadline to complete all such work is extended from , 20_ to , 20 The undersigned, as the administrative official under the Zoning Ordinance, hereby grants the indicated extension(s). By: i" City Planner City of West University Place Form ZON-208(6-07) 3800 University Boulevard 0 West University Place, Texas 77005-2899 • 713966804441 0 www.westu.org City of West University Place A Neighborhood City Recycled Paper ' Zoning Board of Adjustment 20080552285 City of West University Place, Texas ("City") Docket No. 0 8 - 0 6 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 5308 Buffalo Speedway and 3303 Bissonnet, West University Place, Texas 77005 Legal description of the building site: Main Church Property: BEING 1.7218 acres (75, 000 square feet) of land in the A. C. Reynolds Survey, Abstract Number 61, in Block 89 of WEST UNIVERSITY PLACE, SECOND ADDITION according to the plat thereof recorded in Volume 538, Page 147 of the Harris County Deed Records and being all of those certain tracts of land described deeds to St. Andrews Presbyterian Church recorded under Harris County Clerk's File Numbers C713183, 702740, & 576614, said 1.7218 acre tract of land being more particularly described as follows with bearings based on the Texas Coordinate System of 1983, South Central Zone, 2001 adjustment: BEGINNING at a 1/2 inch iron rod with plastic stamped "LANDTECH" found at the intersection of the south right-of-way line of Bissonnet Avenue (90 feet wide) and the west right-of-way line of Buffalo Speedway (100 feet wide), thence as follows; THENCE, with the east line of said 1.7218 acre tract same being the west right-of-way line of said Buffalo Speedway, South 020 35' 29" East, a distance of 250.00 feet to a 1/2 inch iron pipe found for the southeast corner l of said 1.7218 acre tract and being the northeast corner of that certain described in deed to John O.V. 9 Carlson recorded under Harris County Clerk's File Number 20070420438;THENCE, with the south line of said yq 1.7218 acre tract same being the north line of said Carlson tract and continuing with the north lines of ~I the following; a tract of land described in deed to Harold L. Collins and wife Jean Miller Collins recorded under Harris County Clerk's File Number D169358, a tract of land described in deed to Rena M. f%W Andrews recorded under Harris County Clerk's File Number 2130027, and a tract of land described in deed to James Todd Andrews and spouse Nicole G. Andrews recorded under Harris County Clerk's File Number i T522679, South 870 24' 31" West, a distance of 300.00 feet to a 5/8 inch iron rod with plastic cap stamped "HALFF ASSOC. INC." set for the southwest corner of the herein described tract and the northwest corner of said Andrews tract and being in the east right-of-way line of Rutgers Street (60 feet wide);THENCE, with the west line of said 1.7218 acre tract same being the east right-of-way line of said b Rutgers Street, North 020 35' 29" West, a distance of 250.00 feet to a 1/2 inch iron pipe found for the pp" northwest corner of the herein described tract and being at the intersection of the east right-of-way I line of said Rutgers Street and the south right-of-way line of said Bissonnet Avenue; THENCE, with the north line of said 1.7218 acre tract same being the south right-of-way line of said Bissonnet Avenue, North 871 24' 31" East, a distance of 300.00 feet to the POINT OF BEGINNING and containing 1.7218 acres FPS (75,000 square feet). Parking Lot/Outdoor Play Area Property: All of lot Two, (2), Block Ninety, (90), r of west University Second Section, City of west University Place, Harris county, Texas, more commonly known as 3303 Bissonnet, Houston, Texas. Applicant: Jack Ballard on behalf of St. Andrew's Presbyterian Church )OD Decision or Action Requested: Special exception to authorize certain accessory uses and structures, other than sanctuary (place of worship), in the SF-3 District, as allowed by Note 3, Table 7-1 of the Zoning Ordinance of the City. Notice, Hearing, Findings, Vote: (X) Notice of hearing was given by: regular and certified mail (to nearby property owners) and by posting on-site in accordance with Article 11 of the Zoning Ordinance, by Sallye A. Clark, Planning Assistant, City of West University Place, Texas. (X) Hearing was held on: October 16, 2008. special (X) Required determinations have been made by the ZBA as follows: (i) the proposed exception will not cause any increase in on-street parking; (ii) the 3800 University Boulevard 0 West University Place, Texas 77005-2899 0 713066804441 • www.westu.org Page i 2 proposed special exception will not cause any substantial traffic congestion; (iii) the proposed special exception will not cause any substantial increase in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v) the proposed special exception is consistent with--and in harmony with--the general purpose and intent of the Zoning Ordinance. (X) Special determinations have been made by the ZBA as follows: That each additional use and structure is (i) accessory to a lawful primary use and (ii) compatible with nearby sites and their uses. (X) The vote was: 4 for, 1 opposed to, this decision Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals): Under and subject to the City's Zoning Ordinance and applicable law, a special exception as specifically allowed by Table 7-101 Note 3 of the Zoning Ordinance, is issued for the site identified above, as follows: To authorize additional uses and structures on the described site (gathering hall, colonnade, Sunday-school classrooms, outdoor kid's play area, parking, indoor kid's play area, kitchen, office, day-care classrooms, and fellowship hall), all as identified and limited in the wad attached sketch (marked Exhibit "A"), but subject to the following conditions: 4 The letter agreement allowing the applicant to use at least 73 4 spaces in the KTRK-TV Channel 13 parking lot (immediately across Bissonnet from the site) must be kept in full force and effect. If it is terminated or modified such that fewer than 73 spaces are provided for use by persons visiting the structures shown in Exhibit "A," (i) the applicant shall notify the administrative official in writing; and(ii)this special exception is subject to termination or modification by the Board. However, a reasonable period of time (not less than 180 days) shall be allowed to replace any spaces lost or to make other changes to keep the off- street parking in compliance with the Zoning Ordinance. Any replacements or changes must be submitted to the Board for its approval. Other Provisions: THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED FOR ON OR BEFORE THE 90TH DAY FOLLOWING THE EFFECTIVE DATE OF THIS DECISION, AND SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF THIS DECISION. NO EXTENSION OF ANY PRESCRIBED TIME PERIOD IN THIS DECISION MAY BE GRANTED WITHOUT Page 3 AUTHORIZATION FROM THIS BOARD: NEITHER ADDITIONAL NOTICE NOR HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY STEP IS NOT ACHIEVED WITHIN A PRESCRIBED TIME PERIOD---AND IF NO TIME EXTENSION IS GRANTED-THE WORK IS NO LONGER AUTHORIZED, AND THIS DECISION BECOMES SUBJECT TO REVERSAL OR MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING. THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS (SUCH AS, FOR EXAMPLE, REGULATIONS, SITES, BUILDINGS AND OTHER STRUCTURES UNDER CHAPTER 18 OF THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONING ORDINANCE), OR (B) PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (INCLUDING, FOR EXAMPLE, CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND RECEIVE APPROPRIATE PERMISSIONS FROM THIS BOARD, THE BUILDING & STANDARDS COMMISSION, THE CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH REQUIREMENTS. THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION, NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING, PROOF AND BOARD FINDINGS. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD. } THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR i FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND. q0i Effective Date & Administrative Remedies: This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. Any appeals of this decision are subject to and governed by applicable ordinances and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. Under Chapter 211, petitions for judicial review must be presented within 10 days after the date this decision is filed in the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies: (1) the permittee/applicant may able to apply for a different interpretation, variance, or special exception, and (2) any person may request that the City consider an amendment to the Zoning Ordinance; see Article 11, which indicates that such requests should be submitted to the Zoning & Planning Commission. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE, TEXAS w Lay: Presiding Officer Zo ng Board of Adjustment Page 4 STATE OF TEXAS COUNTY OF HARRIS r.' This instrument was acknowledged before me on /09 (date) by I (r u/ l 0.0ame) as Presiding Officer of the Zoning Board of Adjustment o the /City of West University Place, Texas. - - - - - - - - - - - - JOSE M ORO= I AS My C.onw"WW 66" ,ham Z2, 2009 (S My commission expires: J y,\_Q_ 1. NCs~~N Notary Public This instrument was filed in the Board's office on and, if a mailing list is attached, copies were mailed to the persons on the list on NIA. ' C B ame: Title:. ~f'~~~n/aj~ f After recording return to: i Sallye Clark, Secretary, Zoning Board of Adjustment 7 City of West University Place } 3826 Amherst Street Houston, Texas 77005 . r14 (Phone 713-662-5843) ° _ - xr;fForMrWs rrtET,soRANDLTW ~ 04 c At the time o; recordation, this instrument was found host Photographic ato for the to be m,ciequ~ reproduc+ l becausc of illegibility, carbon or photo copy, discolored paper, otc. All blackouts, adai ion { and changes were present at the time the insstmm - V was filed and recorded. Z N N I N I 0 4l ANIMp60MN[RfMWMCN AFAIACiSAC 54EAAXiAIOAUFgtMJFYPHCANt IIOP@AA BK WY O Lhgl OA AA(F 6 WF4U AAOIaEFPoAtf V U UMAEF Rh'AAt UW. 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